Mr C Dewhurst v Hamilton Capital Group Limited — 2022

At the remote CVP hearing on 22 August 2022, Employment Judge Robertson held that the claimant's unfair dismissal claim under section 111 of the Employment Rights Act 1996 was well-founded. The tribunal awarded £39,132 for unfair dismissal, made up of a basic award of £1,632 and a compensatory award of £37,500.

The compensatory award was calculated from financial losses of £29,947.81, increased to £37,434.76 by a 25% uplift under section 207A of the Trade Union and Labour Relations Act 1992, then grossed up to £39,783 and reduced to the statutory cap of £37,500. The written record notes that an incorrect gross-up figure had been given orally, but the total award was unchanged.

The claimant also succeeded on a claim for 11 days' accrued but untaken holiday entitlement on termination, for which the tribunal ordered payment of £1,267.86 gross. The judgment records that the claimant had not claimed any benefits, so the recoupment regulations did not apply. The remaining claims for arrears of wages, a redundancy payment, notice pay and other payments, brought under claim numbers 2500038/2022 and 2500128/2022, were dismissed upon withdrawal, bringing the total amount payable under the judgment to £40,399.86.